Procedure for Cancellation of Registered Sale Deed | Cancellation of Sale Deed by Registrar

Procedure for Cancellation of Registered Sale Deed | Cancellation of Sale Deed by Registrar

Procedure for Cancellation of Registered Sale Deed or written paper is crucial aspect and very important aspect of the civil laws in the world. Some critical situation comes due to suppression of facts, misrepresentation of facts and other all related factors. Any other document related to the property and Procedure for Cancellation of Registered Sale Deed needs fixed grounds about which is given in our other posts, legal Procedure for Cancellation of Registered Sale Deed clears in short for giving help related to it.

cancellation of sale deed by register

Sections 31, 32 and 33 are of relief act 1963 gives procedure and facility to cancel the registered sale deed which is given below:

When cancellation may be ordered:

  1. If any person is against his written instrument then that will call as voidable and that person should have reasonable apprehension related to cancellation of deed. If left anything then that will be cause a serious injury. But make sure to have it adjudged voidable or void. So you should adjudge it and order it will cancel and deliver up.
  1. If any deed registered under the registration act, 1908 which is related to India country. The court has a responsibility to send a copy of its decree to the appropriate officer. One more thing to noticeable is office should be register by officer name and that officer should not be present on the copy of sale deed documents. These all thing contains in his books of cancellation. This point comes in one of the important to Procedure for Cancellation of Registered Sale Deed.

What instruments can be cancelled partially where an instruments contains proof of different obligations and different rights. May be the court will allow it to stand for the purpose of residue.

Procedure for Cancellation of Registered Sale Deed:

Power require to compensation or to restored when instrument is totally cancelled. Or it is successfully resist as voidable or void.

  1. On the cancellation of sale deed, the court may celebrate to whom relief is already accept, to restore, any benefit which he receives from other party and made any wrong compensation to him which justice is much required.
  2. Conditions comes in which defendant resists successfully any suit on the ground:
    (A) The instrument which we saw to be enforce against him is that suit is voidable, If the defendant got any benefit from the instrument of other party, then it will require him to  be restore such as benefits of the party or they have option to compensate for it.

    (B) The instrument which we saw to enforce against him is that suit is void because he has not competent to the contract under section (04) of the Indian government contract act 1872. If we get any result against the defendant which proves like defendant has received any profit under the agreement from different parts then that will require him to restore.

Final Words:

If anyone gains relief in the section 33 specific relief act then it will based on the principle. And properties of preventive justice or protective justice. This section applies to those instruments which are selecting by the plaintiff. In which he seeks to have adjudged voidable or void. That plaintiff must be in the category of party to a contract that’s not necessary. If the instruments totally against his interest then he will be able to maintain the suit under this section. The conditions of this section will be applicable as follows:

  • The instrument should be voidable or void against a person who brings a case against another in court of law.
  • Reasonable apprehension should be available for a serious injury.
  • The case should be in the form which fit for the exercise of the courts to accept the prayer.

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